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HB 423: "An Act stating a public policy that allows a person to choose or decline any mode of securing health care services, and providing for enforcement of that policy by the attorney general."

00 HOUSE BILL NO. 423 01 "An Act stating a public policy that allows a person to choose or decline any mode of 02 securing health care services, and providing for enforcement of that policy by the 03 attorney general." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Alaska Health Freedom Act. 08 * Sec. 2. AS 44.23.020 is amended by adding a new subsection to read: 09 (h) The attorney general shall take appropriate action to defend the policy 10 stated in AS 44.99.130. 11 * Sec. 3. AS 44.99 is amended by adding a new section to article 2 to read: 12 Sec. 44.99.130. Declaration of policy for securing health care services. (a) It 13 is the policy of the State of Alaska, consistent with the right of liberty, that a person 14 has the right and is free to choose or decline any mode of securing health care

01 services. 02 (b) The policy stated in (a) of this section may not impair a contract right that 03 provides health care services. 04 (c) A public official, employee, or agent of the state or its political 05 subdivisions may not impose, collect, enforce, or implement a penalty contrary to the 06 policy stated in (a) of this section. 07 (d) The attorney general shall expeditiously seek injunctive and other 08 appropriate relief to preserve the rights of the residents of the state and defend the state 09 and its officials, employees, and agents if a law is enacted or a regulation adopted 10 violating the declaration of the policy for securing health care services under this 11 section. 12 (e) In this section, 13 (1) "health care services" means a service or treatment, or provision of 14 a product, for the care of a physical or mental disease, illness, injury, defect, or 15 condition, or to maintain or improve physical or mental health; 16 (2) "mode of securing" means directly purchasing health care services 17 from a health care provider, purchasing insurance covering health care services, 18 participating in an employer or government sponsored health benefit plan, or other 19 means of obtaining health care services; 20 (3) "penalty" means a fine, tax, salary or wage withholding, surcharge, 21 fee, or other consequence.